Tag: Nigeria’s constitution

  • Sharia, sovereignty, and Nigeria’s constitution

    Sharia, sovereignty, and Nigeria’s constitution

    Sir: Recent commentary from foreign circles, particularly from the United States, has once again put Nigeria’s implementation of Sharia law under global scrutiny. In the rush to judge, many external observers overlook a crucial fact: Nigeria is a sovereign republic with a constitution that fully protects religious autonomy and diversity. Any criticism that ignores this reality is not only misinformed but also risks intruding into matters that Nigerian people have already resolved through democratic consensus.

    Nigeria is not a religious battlefield; it is a federation of diverse cultures, faiths, and traditions, united by a constitution that guarantees freedom of worship. Section 38 of the 1999 Constitution (as amended) clearly states that every Nigerian has the right to believe or not believe, to worship, to teach, and to practice their religion without fear. This is not a privilege granted by the state; it is a fundamental right.

    This constitutional protection is precisely why Sharia law exists in Muslim-majority states across the North. Sharia is not a national imposition; it is not forced upon Christians or adherents of other faiths. It applies only to Muslims who voluntarily adhere to its principles. Just as Christians organize their internal doctrines without interference, Muslims also have the constitutional space to govern their personal religious affairs. This is how religious coexistence works in Nigeria, not just in theory, but in daily life.

    Those who accuse northern states of violating Nigeria’s secular nature often fail to look beyond the headlines. Section 10 of the constitution firmly states that no government, federal or state, may adopt a religion as the state religion. This safeguard is what allows Nigeria to remain a secular political entity while permitting cultural and religious expressions at the state level. Therefore, Sharia is not a challenge to national unity; it is a recognized reflection of Nigeria’s federal identity.

    Read Also: TikTok restricts late-live access in Nigeria amid safety probe

    Foreign governments need to appreciate this delicate balance. Nigeria’s constitutional order was not drafted in Washington, London, or Brussels. It was negotiated by Nigerians who lived through military rule, political tension, and religious misunderstanding. The result is a framework that respects differences while insisting on equality before the law. To dismiss that achievement is to assume that Nigerians cannot manage their own affairs.

    Nigeria values its partnerships, including with the United States, but such partnerships must be grounded in respect, not condescending lectures about a system that many critics hardly understand. The United States would never tolerate foreign interference in its internal policies; Nigeria should expect the same courtesy. While dialogue is welcome, it must acknowledge that Nigeria’s sovereignty is not up for debate.

    The implementation of Sharia law does not weaken Nigeria’s democracy; it demonstrates its maturity. It shows that different regions can express their identities without tearing the nation apart. Those who speak of religious conflict should visit the North and see for themselves Christians attending church freely, Muslims observing their faith, and markets bustling with both communities trading side by side. That lived reality is more powerful than any foreign report.

    Nigeria’s Constitution is a shield that protects every believer, every non-believer, and every minority. Any conversation about Sharia must begin there, not in the pages of foreign think tanks or the assumptions of distant commentators.

    A nation that understands its laws should never hesitate to defend them. Likewise, a friend who respects Nigeria must take the time to understand it.

    •Ishaq Adam Magama, Magama, Toro, Bauchi State.

  • Assaults on Nigeria’s constitution: The case of Benue

    Assaults on Nigeria’s constitution: The case of Benue

    Sir: Recent developments in Nigeria—particularly in Benue State—have brought to the fore an alarming pattern of constitutional violations by organs and institutions that ought to uphold the rule of law. Among the most egregious is the recent illegal summoning of the Speaker of the Benue State House of Assembly by the National Assembly, an action that violates both the letter and the spirit of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    Even more disturbing is the trend of deliberate disobedience to clear constitutional provisions by agencies such as the National Judicial Council (NJC) and certain judicial officers, undermining the very architecture of Nigerian federalism.

    The Summoning of a State Speaker: A Constitutional Aberration:

    The National Assembly’s oversight powers are expressly defined under Sections 88 and 89 of the Nigerian Constitution. These powers are limited to matters over which the National Assembly has legislative competence—that is, issues within the exclusive or concurrent legislative lists as they relate to the federal government or its agencies.

    The Speaker of a State House of Assembly, being an officer of a sub-national legislature, does not fall under the jurisdiction of the National Assembly’s oversight, except in the rarest of cases involving misuse of federal allocations or participation in intergovernmental misconduct.

    To summon the Speaker of the Benue State House of Assembly—on matters purely within the legislative competence of the state—is a clear violation of the principle of federalism, and an abuse of legislative privilege by the National Assembly. It sets a dangerous precedent of federal overreach, undermining the autonomy of state institutions and disregarding the Constitution that binds this federation.

    NJC’s Overreach and the Judiciary’s Constitutional Misadventures:

    Even more confounding is the recent rejection by the National Judicial Council (NJC) of the constitutional and lawful removal of the Chief Judge of Benue State by the Benue State House of Assembly. One wonders: Since when did the NJC assume the power to override the constitutional functions of a State Legislature?

    Let it be made clear: Section 292(1)(a)(ii) of the 1999 Constitution grants the State House of Assembly the authority to remove a Chief Judge for misconduct, without recourse to the National Judicial Council (NJC). This provision is unambiguous and has been upheld in previous constitutional interpretations.

    Read Also: Nigerian activist Hamzat Lawal joins jury for global Mandela–Machel awards

    The Chief Judge, once lawfully removed by the State House of Assembly and with the concurrence of the Governor, ceases to exercise judicial powers. Yet, in an act of unprecedented judicial insubordination, the removed Chief Judge of Benue State is alleged to have unilaterally directed the relocation of Local Government Tribunal sittings to Abuja. This is not only a travesty but an act of jurisdictional rebellion—a self-appropriation of powers no longer constitutionally held.

    A Call to Constitutional Fidelity:

    What we are witnessing is not merely institutional confusion—it is a creeping culture of lawlessness among institutions that ought to be the custodians of law. The National Assembly, the NJC, and even sections of the judiciary must be reminded that constitutionalism is not optional. Their actions, if left unchecked, risk eroding public trust in democracy, and worse, fracturing the federation.

    We cannot build a just society on selective obedience to the Constitution. Institutions that bend the law to suit political loyalties or personal pride are betraying their mandates and leading the nation down a path of constitutional anarchy.

    The drafters of Nigeria’s Constitution envisaged a nation governed by law, not by institutional arrogance or political convenience. The illegal summoning of a State Speaker, the NJC’s meddling in matters outside its jurisdiction, and the removed Chief Judge’s unauthorised directive are all symptomatic of a disturbing institutional drift from constitutional discipline.

    It is time for all patriotic Nigerians—legal minds, legislators, educators, and civil society—to rebuke these acts of constitutional recklessness. Fidelity to the Constitution must be our creed, or we risk losing the moral and legal compass of this federation.

    •Leonard Karshima Shilgba shilgba@gmail.com